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Decision
G.R. No. 227363
There are still a lot of abuses and injustices done to our children
who suffer not only from strangers, but sadly, also in the hands of their
parents and relatives. We know for a fact that the present law on the
matter, the Child and Welfare Code (PD No. 603) has very little to offer to
abuse children. We are aware of the numerous cases not reported in media.
In the Filipino Family structure, a child is powerless; he or she is
not supposed to be heard and seen. Usually, it is the father or the mother
who has a say in family matters, and children, owing to their limited
capability, are not consulted in most families. Many children may be
suffering from emotional, physical and social abuses in their homes, but
they cannot come out in the open; besides, there is a very thin line
separating discipline from abuse. This becomes wider when the abuse
becomes grave and severe.
Perhaps, more lamentable than the continuing ·child abuses and
exploitation is the seeming unimportance or the lack of interest in the way
we have dealt with the said problem in the country. No less than the
Supreme Court, in the recent case of People v. Ritter, held that we lack
criminal laws which will adequately protect street children from
exploitation of pedophiles. But as we know, we, at the Senate have not
been remiss in our bounden duty to sponsor bills which will ensure the
protection of street children from the tentacles of sexual exploitation. Mr.
President, now is the time to convert these bills into reality.
In our long quest for solutions to problems regarding children,
which problems are deeply rooted in poverty, I have felt this grave
need to sponsor a bill, together with Senators Lina and Mercado,
which would ensure the children's protection from all forms of abuse
and exploitation, to provide stiffer sanction for their commission and
carry out programs for prevention and deterrence to aid crisis
intervention in situations of child abuse and exploitation.
Senate Bill No. 1209 translates into reality the provision of our
1987 Constitution on "THE FAMILY," and I quote:
Sec. 3. The State shall defend:
xx xx
(2) The right of children to assistance, including
proper care and nutrition, and special protection from all
forms of neglect, abuse, cruelty, exploitation, and other
conditions prejudicial to their development.
This is a specific provision peculiar to the Philippines. No other
Constitution in the whole world contains this mandate. Keeping true to
this mandate, Mr. President, and the UN Convention on the Rights of the
Child which has been drafted in the largest global summit, of which we
have acceded, we should waste no time in passing this significant bill into
law. This is a commitment; thus, we should not thrive on mere promises.
We, the legislature of this country, must have that political will to
transform this promise into a vibrant reality.
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